Forest Practices Act 1985

Forest Practices Act 1985

An Act to ensure that all forest practices are conducted in accordance with the Forest Practices Code, to provide for the issue of that Code, to provide for the creation of private timber reserves, to provide for the issue of codes of conduct for forest practices officers, to provide for the constitution of the Forest Practices Tribunal, and to provide for incidental and consequential matters

[Royal Assent 23 May 1985]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

private timber reserve means land that has been declared as a private timber reserve under section 11 ;

process, used in relation to timber, means to pulp, chip, cut, or saw timber;

registrar means the registrar of the Registry of the Forest Practices Tribunal;

[Section 3 Subsection (1) amended by No. 25 of 2019, s. 5, Applied:07 Oct 2019] rehabilitate, in relation to land to which a requirement, request or direction to rehabilitate the land relates, means to return the land, as far as reasonably practicable, to the condition that it was in before the occurrence of the damage, degradation, or alteration, to which the requirement, request or direction relates;

[Section 3 Subsection (1) amended by No. 25 of 2019, s. 5, Applied:07 Oct 2019] revegetate, in relation to land to which a requirement, request or direction to revegetate the land relates, means to sow seed, or plant seedlings, on the land so as to return the land to, as far as reasonably practicable, the state of vegetation on the land before the occurrence of the damage, degradation, or alteration, in relation to which the requirement, request or direction relates;

(2) To avoid doubt, a management practice does not constitute the clearance and conversion of a threatened native vegetation community from any land unless the management practice is carried out to deliberately remove, or carried out as part of a process to deliberately remove, all or most of the threatened native vegetation community from the land on a permanent or extended basis.

(3) In this section 

agricultural works includes, but is not limited to, the following:

(a) farm sheds and workshops;

(b) farm dams and irrigation facilities;

(c) farm storage and processing facilities;

(d) farm access roads and easements;

(e) farm fencing;

management practice means any of the following:

(a) applying fertilizer or changing the nature or scale of a fertilizer regime;

(b) burning off to reduce wildfire fuel;

(c) constructing fire-breaks;

(d) mowing, slashing or scything grasses or undergrowth;

(e) pruning, trimming or lopping vegetation for work safety purposes or to ensure the health of specific specimens of vegetation or vegetation communities;

(f) removing or controlling noxious weeds;

(g) grazing of livestock;

(h) harvesting of timber or other vegetation products;

remove means remove by any direct or indirect means or combination of means, including but not limited to the following:

(a) burning;

(b) clearfelling;

(c) cutting down;

(d) drowning;

(e) lopping;

(f) ploughing;

(g) poisoning;

(h) ringbarking;

(i) thinning;

(j) uprooting.

4.Act binds the Crown

This Act binds the Crown not only in right of this State but also, so far as the legislative power of Parliament permits, binds the Crown in all of its other capacities.

(3) The Minister is to ensure that one of the directors appointed under subsection (1)(c) and (d) has practical knowledge and experience in forest operations, including the harvesting and reforestation of forests.

(4) The director appointed under subsection (1)(a) is also, by virtue of that appointment, chairperson of the Board.

(a) the exercise and performance of the powers and functions of the Authority under this Act, consistent with the Authority's objectives; and

(b) ensuring that the financial affairs of the Authority are managed and conducted in accordance with sound business practice; and

(c) the exercise and performance of such other powers and functions as may be conferred or imposed on the Authority or the Board under this or any other Act.

(2) The Board has power to do all things necessary or convenient to be done in connection with the discharge of its responsibilities.

(3) Where in this Act the exercise or performance of a power or function of the Authority in relation to any matter is expressed to be dependent on an opinion, belief or state of mind of the Authority, the Authority is taken to have that opinion, belief or state of mind in relation to that matter if the Board has that opinion, belief or state of mind in relation to that matter.

(3) If a person who is appointed as chief forest practices officer was not a forest practices officer immediately before that appointment, he or she is, by virtue of that appointment and without further authorisation than this subsection, a forest practices officer for the purposes of this Act.

(a) is not discharging the duties of that office efficiently or in the best interests of the State; or

(b) is, except by reason of temporary illness, unfit to discharge or incapable of discharging the duties of the office.

(5) Subsection (4) does not limit or affect a power to terminate the appointment of a person as chief forest practices officer that is contained in any other enactment or in any contract of service relating to that office.

(1) The Minister must lay a copy of the annual report before each House of Parliament within 5 months after the end of the financial year to which the annual report relates.

(2) Where the Minister is unable to comply with subsection (1) for any reason other than that a House of Parliament is not sitting at the expiration of the period specified in that subsection, he or she must, before the expiration of that period, lay before each House of Parliament a statement specifying the reasons for the failure to comply with that subsection and an estimate of the day by which a copy of the annual report will be ready to be laid before each House of Parliament.

(3) Where the Minister is unable to lay a copy of the annual report before a House of Parliament within the period specified in subsection (1) or by the day specified in a statement referred to in subsection (2) because either House of Parliament is not sitting at the expiration of that period or on that day, the Minister must 

(a) immediately after the expiration of that period or that day, forward a copy of the annual report to the clerk of that House of Parliament; and

(b) within the next 7 sitting days of that House, lay a copy of the annual report before that House.

(2) The Minister must cause a copy of each report prepared under subsection (1) to be laid on the table of each House of Parliament within 14 sitting days of that House after the report is received by the Minister.

(1) The Authority must, not later than 30 November 2007 and not later than 30 November in each fifth year thereafter 

(a) review the operation of the State's forest practices system, including the provisions and operation of the Forest Practices Code; and

(b) give the Minister a written report on the outcome of the review.

(2) The Minister must cause a copy of each report prepared under subsection (1) to be laid on the table of each House of Parliament within 14 sitting-days of that House after the report is received by the Minister.

(1) [Section 6 Subsection (1) amended by No. 55 of 2004, s. 32, Applied:01 Jul 2005] [Section 6 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where an application for the declaration of land as a private timber reserve has been made in accordance with section 5 , the Authority shall cause a notice containing the prescribed particulars to be published in the daily newspapers published in this State and a copy of the notice to be sent to the local authority exercising jurisdiction over the land and any local authority exercising jurisdiction over any land adjacent to that land.

(3) [Section 6 Subsection (3) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Any person may, on payment of the fee prescribed in the regulations, inspect an application made under section 5 at the office of Private Forests Tasmania.

State authority means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister, or another State authority.

8.Grant or refusal of application for declaration of land as private timber reserve

(b) has afforded the applicant and, where a person has lodged an objection to the application in accordance with section 7 , that person an opportunity to appear and to make submissions and adduce evidence at the hearing.

(3) An appeal under this section shall be instituted by giving written notice to the registrar within a period of 14 days after 

(a) in the case of an appeal against the refusal to grant an application made under section 5 , the service of a notice under section 8(4) ; or

(b) in the case of an appeal against the granting of an application made under section 5 , the service of a notice under section 8(5) .

(4) Where a person who made an application under section 5 appeals to the Tribunal the registrar shall, within 7 days of the appeal being lodged 

(a) serve a copy of the notice of appeal on each person who lodged an objection under section 7 in respect of the application; and

(b) publish an advertisement containing a copy of the notice of appeal in a daily newspaper circulating in the area in which the land to which the application relates is located.

(5) Where a person who made an application under section 5 appeals to the Tribunal, any person who lodged an objection under section 7 in respect of that application may intervene in the appeal by giving written notice to the registrar within 7 days of the date on which the advertisement referred to in subsection (4)(b) was published and shall, on intervening, be a party to the appeal.

(1) [Section 12 Subsection (1) amended by No. 16 of 2005, s. 4, Applied:01 Jul 2005] [Section 12 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where land has been declared as a private timber reserve in accordance with section 11(1) , it shall be used only for establishing forests, or growing or harvesting timber in accordance with the Forest Practices Code and such other activities which the Authority considers to be compatible with establishing forests, or growing or harvesting timber.

(2) Where land has been declared as a private timber reserve in accordance with section 11(1) , any Act prescribed in the regulations, and the prescribed provisions of any Act prescribed in the regulations shall not apply to the private timber reserve.

13.Revocation of private timber reserve at instigation of Authority

(1) [Section 13 Subsection (1) amended by No. 55 of 2004, s. 38, Applied:01 Jul 2005] [Section 13 Subsection (1) amended by No. 29 of 1994, s. 6 ]Where the Authority is satisfied that a private timber reserve or part of a private timber reserve is not being used for establishing forests, or growing or harvesting timber in accordance with the Forest Practices Code, or is not being used for activities which the Authority considers to be compatible with establishing forests, or growing or harvesting timber, it may, by notice in writing served on the owner of the reserve, inform him or her that it intends to recommend to the Governor that the reserve or part of the reserve, as the case may be, shall cease to be, or cease to form part of, a private timber reserve.

the Authority shall recommend to the Governor that the reserve or part of the reserve, as the case may be, shall cease to be, or cease to form part of, a private timber reserve.

(6) [Section 13 Subsection (6) amended by No. 55 of 2004, s. 38, Applied:01 Jul 2005] [Section 13 Subsection (6) amended by No. 29 of 1994, s. 6 ]The Governor may, on the recommendation of the Authority, by notice published in the Gazette, declare that the private timber reserve or part of the private timber reserve, as the case may be, specified in the notice shall cease to be, or cease to form part of, a private timber reserve.

(a) Private Forests Tasmania has rendered financial assistance to the applicant by way of a grant or loan under the Private Forests Act 1994 , or any other person has rendered financial assistance to the applicant, for the development or maintenance of the private timber reserve to which the application relates; or

(b) the private timber reserve to which the application relates has been recognized and treated as such for the purposes of any Act prescribed in the regulations, or the prescribed provisions of any Act prescribed in the regulations.

(5) [Section 14 Subsection (5) amended by No. 29 of 1994, s. 7 ]Subsection (4)(a) does not apply if the financial assistance that has been rendered to the applicant has been repaid to Private Forests Tasmania or, as the case may be, any other person who rendered the financial assistance.

the Authority shall recommend to the Governor that the private timber reserve or part of the private timber reserve in respect of which the application relates, as the case may be, shall cease to be, or cease to form part of, a private timber reserve.

(11) [Section 14 Subsection (11) amended by No. 55 of 2004, s. 39, Applied:01 Jul 2005] [Section 14 Subsection (11) amended by No. 29 of 1994, s. 35 and Sched. 1 ]The Governor may, on the recommendation of the Authority, by notice published in the Gazette, declare that the private timber reserve or part of the private timber reserve specified in the notice shall cease to be, or cease to form part of, as the case may be, a private timber reserve.

(3) The provisions of Schedule 1 have effect in relation to the registration of notices under this section.

(4) Nothing in section 40 of the Land Titles Act 1980 shall be construed as affecting the validity of any notice referred to in this section or as prejudicing or affecting the registration of any such notice.

(a) compensation is not payable under this section unless the owner of the land and the Minister enter into the conservation covenant within 12 months after the day on which the owner of the land receives notification of the requirement; but

(b) if the conservation covenant is not entered into within that 12 month period, the owner of the land may apply to the Minister, in writing, for a certificate of release from the requirement.

(b) if the Minister is satisfied on reasonable grounds that the failure to enter into the conservation covenant within the required period is attributable to wilful obstruction, unreasonable delay or another unreasonable act or omission on the part of the owner of the land, refuse to issue the owner of the land with the certificate of release.

(b) where a person has been assigned in accordance with section 25D the applicant's responsibilities under this Division, that person 

fails to pay all of the application fee by the date, and in the manner, determined by the Authority for the purposes of subsection (4B) , so much of the application fee as has not been paid by that date and in that manner is a debt due and payable to the Authority by the applicant, or the person, as the case may be, and may be recovered by the Authority in a court of competent jurisdiction.

(1) A person must not, without the written approval of the Authority, trade in tree ferns unless a tag issued by the Authority is affixed to the stem of each tree fern.

Penalty: Fine not exceeding 150 penalty units.

(2) A forest practices officer may, on production of his or her warrant of authorization, require a person who appears to the forest practices officer to be trading in tree ferns contrary to subsection (1) to state all or any of the following:

(a) the person's name and address;

(b) when, where and how the person obtained the untagged tree ferns;

(c) whether the untagged tree ferns were obtained from another person and, if so, the name and address of that other person;

(d) whether the tree ferns were tagged or untagged when the person obtained them.

is guilty of an offence and is liable on summary conviction to a fine not exceeding 1 000 penalty units or a daily fine not exceeding 50 penalty units.

(1A) [Section 21 Subsection (1A) inserted by No. 29 of 1994, s. 11 ]A person is guilty of an offence under subsection (1) if it is proven, on the balance of probabilities, that the person committed the offence.

(1B) [Section 21 Subsection (1B) inserted by No. 29 of 1994, s. 11 ]In any proceedings under subsection (1) the production of a certificate purporting to be signed by the chairperson of the Board stating that, at a time or during a period specified in the certificate, a physical feature specified in the certificate was within a particular classification or had a particular status under the Forest Practices Code, as specified in the certificate, is evidence of the matters contained in the certificate.

(1) The responsible person for a certified forest practices plan must lodge an interim compliance report with the Authority, in an approved form, within 30 days after the completion of each discrete operational phase of the forest practices authorised to be carried out under the plan stating 

(a) whether or not the plan has been complied with in respect of that discrete operational phase; and

(b) such other particulars regarding that discrete operational phase as the Authority considers appropriate.

Penalty: Fine not exceeding 10 penalty units.

(2) The responsible person for a certified forest practices plan must lodge a final compliance report with the Authority, in an approved form, within 30 days after the expiration of the period during which forest practices are authorised to be carried out under the plan stating 

(a) whether or not the plan has been complied with; and

(b) if the plan enables tree ferns to be harvested, the number of tree ferns harvested; and

progress report means a report, in a form approved by the Authority, specifying whether or not a forest practices plan has been complied with up to a date or during a period, or as regards a matter, nominated by the Authority.

25C.Appeal to Tribunal by person aggrieved by notice under section 25B

(1) An applicant under section 18 for certification of a forest practices plan may enter into an agreement in writing under seal with any person under which that person is assigned the applicant's responsibilities under this Division, apart from section 17 .

(2) An applicant under section 18 for certification of a forest practices plan who enters into an agreement under subsection (1) must, as soon as practicable, provide a copy of the agreement to 

(a) the Authority; and

(b) the owner of the land referred to in the plan or, if the land is subject to a forestry right, the holder of the right.

(1) [Section 27 Subsection (1) amended by No. 55 of 2004, s. 54, Applied:01 Jul 2005] [Section 27 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Any person who, as at 1st May in a year, has harvested or caused to be harvested more than 100 000 tonnes of timber in Tasmania in the immediately preceding period of 12 months and such other persons as may be prescribed shall, not later than 1st June in that year, lodge with the Authority a plan (in this Act referred to as a "three-year plan") for the period of 3 years commencing on 1st July next following containing the details referred to in subsection (2) .

the person referred to in subsection (1) shall cause a summary of the variations to be sent to those local authorities referred to in subsection (5) .

28.Power of Authority to call conference for purpose of varying three-year plan

(1) [Section 28 Subsection (1) amended by No. 55 of 2004, s. 55, Applied:01 Jul 2005] [Section 28 Subsection (1) amended by No. 29 of 1994, s. 15 ]Where the Authority, after considering the effect of 2 or more three-year plans lodged by different persons, is of the opinion that more effective use of routes for the transportation of timber could be achieved or that the plans indicate an excessive concentration of harvesting in a particular location, it may arrange for a conference to be held between it, any person who may be invited to attend the conference pursuant to subsection (2) , and the persons who lodged those plans for the purpose of varying those plans.

(4) [Section 28 Subsection (4) amended by No. 55 of 2004, s. 55, Applied:01 Jul 2005] [Section 28 Subsection (4) amended by No. 29 of 1994, s. 15 ]The Authority may, at the conference arranged by it under subsection (1) , make a decision requesting a person attending the conference to vary the proposals in a three-year plan lodged by him or her in order to make better use of routes for the transportation of timber or to reduce the concentration of harvesting in a particular location.

(2) [Section 29 Subsection (2) amended by No. 29 of 1994, s. 35 and Sched. 1 ]An appeal under this section shall be instituted by giving written notice to the registrar within a period of 28 days after 

(3) [Section 29 Subsection (3) amended by No. 55 of 2004, s. 56, Applied:01 Jul 2005] [Section 29 Subsection (3) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where an appeal is brought under this section in respect of the Authority's decision to request a person to vary the proposals in a three-year plan lodged by the person, and the Authority has imposed one of the sanctions referred to in section 28(6) , the sanction shall not have effect until the determination or withdrawal of the appeal or until such later date as the Tribunal may determine.

(3) Without limiting the generality of subsection (1) , the provision of reasonable protection to the environment includes landscape management and the control of soil erosion.

(4) The Forest Practices Code may apply generally or in specified areas or may apply differently according to such factors as may be specified in the Code or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified.

(5) The Forest Practices Code may authorize any matter or thing to be from time to time determined, applied, or regulated by a forest practices officer.

(1) [Section 33 Subsection (1) amended by No. 55 of 2004, s. 59, Applied:01 Jul 2005] [Section 33 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Any person who wishes to object to the amendment of the Forest Practices Code which the Authority intends to make, may, at any time before the expiration of the period of 60 days after the notice referred to in section 32 is published in accordance with that section, lodge with the Authority an objection in writing to the amendments intended to be made by the Authority.

(b) such number of persons as the Governor considers necessary who possess a sound and practical knowledge of forestry, road construction in forests, and harvesting of timber; and

(c) such number of persons as the Governor considers necessary who possess tertiary qualifications in the sciences appropriate to land and forest management and have had substantial practical experience in those sciences; and

(d) such number of persons as the Governor considers necessary who possess a sound knowledge of, and have at least 5 years practical experience in, agriculture and forestry; and

(e) such number of persons as the Governor considers necessary who possess a sound knowledge of, and have at least 5 years practical experience in, conservation science.

(2A) [Section 34 Subsection (2A) inserted by No. 42 of 1991, s. 129 ][Section 34 Subsection (2A) amended by No. 29 of 1994, s. 17 ]A person is not qualified to be appointed as a member of the Tribunal under subsection (2)(d) or (e) unless 

(4) A party to an appeal may, by notice in writing served on the registrar or by such other manner as may be prescribed, object to the nomination of a member of the panel referred to in section 34(2) to constitute the division for the purposes of hearing the appeal.

(a) the procedure of the Tribunal is, subject to this Part, within the discretion of the Tribunal;

(b) the Tribunal shall observe the rules of natural justice;

(c) the proceedings shall be conducted with as little formality and technicality, and with as much expedition, as a proper consideration of the matter before the Tribunal permits;

(d) the Tribunal may admit any relevant evidence notwithstanding that the evidence would not be admissible in a court of law;

(e) the Tribunal may inform itself on any matter as it thinks fit.

(10) The Tribunal may adjourn its proceedings from time to time or from place to place and may determine an appeal notwithstanding that the appellant has failed to appear before the Tribunal at the time and place fixed for the hearing.

(11) A decision of a majority of the members of the Tribunal shall be a decision of the Tribunal.

(1) [Section 38 Subsection (1) amended by No. 55 of 2004, s. 66, Applied:01 Jul 2005] [Section 38 Subsection (1) amended by No. 29 of 1994, s. 20 ]The Authority may appoint any person employed by the Forestry corporation, any person employed by a body corporate which has an involvement in forest practices in Tasmania, or any person whom it regards as being suitably qualified, to be an officer for the purposes of this Act.

(5) [Section 39 Subsection (5) added by No. 29 of 1994, s. 21 ]A forest practices officer does not incur any personal liability for any act done or purported or omitted to be done by that officer acting as such in good faith under this Act.

(ab) [Section 40 Subsection (1) amended by No. 23 of 1999, s. 30, Applied:01 Jul 1999] on any land on which, in the reasonable opinion of the forest practices officer, forest practices appear to have been carried out, to determine whether those forest practices were in fact carried out and, if so, whether they were carried out in accordance with certified forest practices plans relating to that land or the provisions of this Act were complied with; or

(6) [Section 40 Subsection (6) inserted by No. 29 of 1994, s. 23 ]Information provided by a person in response to a question under subsection (2) is admissible against that person in any civil or criminal proceedings if and only if 

(a) the question is asked by the chief forest practices officer, or by an officer appointed under section 38 who is authorized under section 47 to make complaints under this Act; and

(b) the chief forest practices officer or that officer warns the person, before asking the question, that any information supplied in answer to the question is so admissible.

(2) The Board is, in preparing a code of conduct, to consult with the Forest Practices Advisory Council and forest practices officers.

(3) The Board may issue a code of conduct prepared under subsection (1) if 

(a) the Minister has laid a copy of the code of conduct before each House of Parliament; and

(b) the code of conduct has not been disallowed by a House of Parliament under subsection (4) .

(4) A House of Parliament may, within 5 sitting-days after a copy of the code of conduct has been laid before the House under subsection (3)(a) , disallow the code of conduct.

(5) The Board may revoke a code of conduct.

(6) As soon as practicable after the Board issues or revokes a code of conduct, the Board must cause notice of the issue or revocation to be published in the Gazette or in another manner that the Board considers appropriate.

(1) As soon as practicable after the Board issues or revokes a code of conduct, the Board is to serve on each forest practices officer a copy of the code of conduct or the notice of revocation of the code of conduct.

(2) The Authority must, at the request of a person, provide the person with an up-to-date copy of a code of conduct, or part of a code of conduct.

(3) The Authority must allow a person to peruse a code of conduct, free of charge, at the office of the Authority, at any time within the hours during which that office is normally open.

(4) The Authority must make available, in the manner that the Board considers appropriate, copies of a code of conduct.

(i) repair or make good any damage to land, vegetation, or objects, that, in the reasonable opinion of the officer, has been caused by the forest practices specified in the request; or

(ii) rehabilitate or revegetate any land that, in the reasonable opinion of the officer, has been, or on which, in the reasonable opinion of the officer, the vegetation has been, damaged, degraded, or altered, by the forest practices specified in the request.

(i) repair or make good, in the manner and within the period specified in the notice, any damage to land, vegetation, or objects, that, in the reasonable opinion of the officer, has been caused by the forest practices specified in the notice; or

(ii) rehabilitate or revegetate, in the manner and within the period specified in the notice, any land that has been, in the reasonable opinion of the officer, or on which the vegetation has been, in the reasonable opinion of the officer, damaged, degraded, or altered, by the forest practices specified in the notice;

(i) within the period specified in the notice, repair or make good, in accordance with the Forest Practices Code or as directed by the chief forest practices officer, any damage to land, vegetation, or objects, caused, in the reasonable opinion of the officer, in contravention of this Act, by the forest practices specified in the notice; or

(ii) within the period specified in the notice, rehabilitate or revegetate, in accordance with the Forest Practices Code or as directed by the chief forest practices officer, any land that has been, in the reasonable opinion of the officer, or on which the vegetation has been, in the reasonable opinion of the officer, damaged, degraded, or altered, by the forest practices specified in the notice;

(c) carry out, within the period specified in the notice, such other work as may be specified in the notice;

(d) take, within the period specified in the notice, such actions as may be specified in the notice to ensure that the provisions of this Act are complied with.

(3) A notice under subsection (2) shall, subject to section 42(3) , take effect on such date as is specified in the notice, being a date not earlier than 2 days after the service of the notice on the person apparently in charge of the forest practices.

(4) A person who is served with a notice under subsection (2) and who has not appealed to the Tribunal in respect of the notice pursuant to section 42(1) shall comply with the directions contained in the notice in the manner and within the period specified in the notice.

(5) [Section 41 Subsection (5) amended by No. 29 of 1994, s. 36 and Sched. 2 ]A person referred to in subsection (4) who fails to comply with the directions contained in a notice under subsection (2) in the manner and within the period specified in the notice is guilty of an offence and is liable on summary conviction to a fine not exceeding 100 penalty units.

(6) [Section 41 Subsection (6) substituted by No. 29 of 1994, s. 24 ]Where a person referred to in subsection (4) fails to comply with a notice under subsection (2) in the manner and within the period specified in the notice, the chief forest practices officer may request any person to do either or both of the following:

(7) [Section 41 Subsection (7) inserted by No. 29 of 1994, s. 24 ]A person who complies with a request under subsection (6) may, for that purpose, enter and remain on the land to which the notice referred to in that subsection relates.

(2) An appeal under subsection (1) shall be instituted by giving written notice to the registrar or in such other manner as may be prescribed.

(3) Where an appeal is brought under this section in respect of a notice, the notice shall not take effect until the determination or abandonment of the appeal or until such other date as the Tribunal may determine.

(4) At the hearing of an appeal under this section, the Tribunal may confirm, modify, or cancel the notice referred to in section 41(2) .

(5) [Section 42 Subsection (5) amended by No. 29 of 1994, s. 36 and Sched. 2 ]A person referred to in subsection (1) who fails to comply with a notice as modified or confirmed by the Tribunal is guilty of an offence and is liable on summary conviction to a fine not exceeding 100 penalty units.

(6) [Section 42 Subsection (6) substituted by No. 29 of 1994, s. 25 ]Where a person referred to in subsection (1) fails to comply with a notice under section 41(2) , as modified or confirmed by the Tribunal, the chief forest practices officer may request any person to do either or both of the following:

(7) [Section 42 Subsection (7) inserted by No. 29 of 1994, s. 25 ]A person who complies with a request under subsection (6) may, for that purpose, enter and remain on the land to which the notice referred to in that subsection relates.

(8) [Section 42 Subsection (8) amended by No. 55 of 2004, s. 70, Applied:01 Jul 2005] [Section 42 Subsection (8) inserted by No. 29 of 1994, s. 25 ]The costs and expenses incurred by a person in repairing any damage or carrying out any work or taking any action in compliance with a request made to that person by the chief forest practices officer under subsection (6) may be recovered in a court of competent jurisdiction as a debt due to that person from the person who failed to comply with the notice referred to in that subsection.

(c) the costs and expenses of detecting and investigating contraventions of, or failures to comply with, this Act and the Forest Practices Code;

(d) the costs and expenses of making complaints and prosecuting offences under this Act;

(e) the amount of any compensation that is payable under section 16(3) ;

(f) the remuneration, and any allowances or benefits, payable to the chief forest practices officer;

(g) the costs and expenses of administrative and other services and facilities that are necessary for the effective exercise of the powers, and the effective performance of the duties, of the chief forest practices officer;

that is or are false or misleading in a material respect is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.

(2) It is a defence to a charge under subsection (1) if it is proved that, at the time the application was made, the particulars with respect to the application were provided, the answer was given to the question, or the plan or other document was lodged, the defendant believed on reasonable grounds that the application, answer, plan, or other document was, or particulars were, neither false nor misleading.

(1) A notice, application or other document is effectively served under this Act if 

(a) in the case of a natural person, it is 

(i) given to the person; or

(ii) left at, or sent by post to, the person's postal or residential address or place or address of business or employment last known to the person required by this Act to serve the notice, application or other document; or

(iii) sent by way of facsimile to the person's facsimile number; and

(b) in the case of any other person, it is 

(i) left at, or sent by post to, the person's principal or registered office or principal place of business; or

(a) the cost of making good any damage done or any loss incurred by reason of the convicted person's act; and

(ab) [Section 47A Amended by No. 25 of 2019, s. 30, Applied:07 Oct 2019] costs incurred, by the person specified by the court, in repairing or making good any damage done, or in rehabilitating or revegetating any land that has been, or on which the vegetation has been, damaged, degraded, or altered, by reason of the convicted person's act; and

(a) cause any proceedings in respect of the alleged offence to be waived or discontinued; and

(b) [Section 47B Subsection (1) amended by No. 35 of 2006, s. 10, Applied:30 Apr 2007] if the alleged offence involved the unlawful harvesting of timber or the unlawful clearance and conversion of a threatened native vegetation community, allow the alleged offender or another person specified by the Authority to retain the whole or any part of that timber or, as the case may be, the whole or any part of the threatened native vegetation from that community.

(2) For the purposes of this section, the Authority is to establish and maintain a fund.

(3) Prescribed fines are to be paid into the fund and are, for the purposes of section 44(2) , taken to be at the disposal of the Authority.

(3A) [Section 47B Subsection (3A) inserted by No. 25 of 2019, s. 31, Applied:07 Oct 2019] In addition to the purposes set out in section 44(1) for which, in accordance with section 44(2) as applied by subsection (3) of this section, prescribed fines may be disposed of by the Authority, the Authority may provide all or part of a prescribed fine to a person to recompense the person for any costs incurred in repairing or making good any damage done, or in rehabilitating or revegetating any land that has been, or on which the vegetation has been, damaged, degraded, or altered, by reason of the action, or failure to take an action, constituting all or part of the offence to which the fine relates.

(4) In this section 

prescribed fine means a fine of 

(a) such amount as the Authority determines is equal, or approximately equal, to twice the amount required to make good the damage done or any loss incurred by the commission of the relevant offence; or

(b) if the relevant offence is of a particularly serious kind or it will not be possible or practicable to make good the damage done or any loss incurred by the commission of the relevant offence, such amount as the Authority determines will constitute an appropriate sanction and deterrent in the circumstances.

(2) Notwithstanding subsection (1) , it is a defence for the other person referred to in that subsection to prove, on the balance of probabilities, that the offence was committed by the agent or servant without the person's knowledge or consent and that the person took reasonable precautions and exercised due diligence to prevent the agent or servant committing the offence.

(3) The regulations may be made subject to such conditions, or be made to apply differently according to such factors, as may be specified in the regulations or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified.

(4) [Section 50 Subsection (4) amended by No. 29 of 1994, s. 36 and Sched. 2 ]The regulations may provide that it is an offence, punishable on summary conviction, for a person to contravene or fail to comply with any of the regulations and may provide in respect of any such offence for the imposition of a fine not exceeding 5 penalty units and where the offence is a continuing one, a further fine not exceeding 0·5 penalty units for each day during which the offence continues.

(5) The regulations may authorize any matter or thing to be from time to time determined, applied, or regulated by any person specified in the regulations.

(1)Where the whole or any part of the land referred to in clause 1(1)(b) is not under the Land Titles Act 1980 , the Recorder shall bring under that Act so much of the land that is not under that Act by registering a qualified title to it in accordance with section 21 of that Act .

(2)Where part only of the land referred to in clause 1(1)(b) to which a notice relates is required to be brought under the Land Titles Act 1980 by this clause, the Recorder shall issue a consolidated title to the whole of the land to which the notice relates and for that purpose may call in and cancel in accordance with section 163 of that Act the certificates of title to the parts of the land.

(3)The Recorder is not bound, for the purposes of subclause (1) , to investigate the title to any land.

(a) shall contain particulars of the title of the area of land ceasing to be, or to form part of, a private timber reserve by virtue of the notice; and

(b) shall be so registered by lodging with the Recorder a copy of the notice.

(2)Where a notice has been lodged under subclause (1) , the Recorder shall record on the folio of the Register constituting the title to the area of land to which the notice relates that the area of land has ceased to be, or to form part of, the private timber reserve declared by the notice previously registered in respect of that private timber reserve.

4. Exemption from registration fees

No fee is payable in respect of the registration of a notice in accordance with this Schedule.

(1)[Schedule 2 Amended by No. 55 of 2004, s. 83, Applied:01 Jul 2005] Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of his or her time to the duties of his or her office, that provision does not operate to disqualify him or her from holding that office and also the office as a member of the Tribunal or from accepting and retaining any remuneration payable to a member under this Act.

(2)The office of a member shall not, for the purposes of any Act, be deemed to be an office of profit under the Crown.

(d) [Schedule 2 Amended by No. 55 of 2004, s. 83, Applied:01 Jul 2005] if he or she is convicted in this State of an offence which is punishable by imprisonment for 12 months or upwards, or if he or she is convicted elsewhere than in this State of an offence which, if committed in this State, would be a crime or an offence so punishable, or has been convicted, whether in this State or elsewhere, of a crime or offence for which he or she has been sentenced to imprisonment;

(1)An act or proceeding of the Board or of a person acting under the direction of the Board is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Board.

(a) is absent from 4 consecutive meetings of the Council without the permission of the Council; or

(b) becomes mentally or physically incapable of performing the duties of a member; or

(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for that benefit; or

(d) is convicted, in Tasmania or elsewhere, of an offence punishable by imprisonment for 2 years or longer; or

(1)An act or proceeding of the Council is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Council.

(2)[Schedule 5 Amended by No. 55 of 2004, s. 86, Applied:01 Jul 2005] All acts and proceedings of the Council or of a person acting under a direction of the Council are, despite the subsequent discovery of a defect in the appointment of a member or that any person was disqualified from acting as, or incapable of being, a member, as valid as if the member had been duly appointed and was qualified to act as, or capable of being, a member, and as if the Council had been fully constituted.

The objective of the State's forest practices system is to achieve sustainable management of Crown and private forests with due care for the environment and taking into account social, economic and environmental outcomes while delivering, in a way that is as far as possible self-funding